(a) In every case where property within the city has not been specifically included within a district, the same is hereby declared to be in the R-1 Single-Family Residential District. In every case where property annexed to the city has not been previously zoned in the township or county, the property shall, upon annexation to the city, be zoned R-1 Single-Family Residential District upon the effective date of the annexation.
(b) Where property is zoned in the township or county and the property is annexed to the city, the zoning regulations then in effect in the township shall remain in full force and shall be enforced by the township officials until the legislative authority of the city shall either officially adopt the existing township or county zoning regulations that apply to the property or adopt new zoning regulations for the property under the city’s Zoning Code. Should the city choose to adopt the existing township zoning regulations for the property being annexed, the zoning regulations will be enforced by the city.
(c) A property owner who has executed a properly filed petition for annexation may, following approval of the annexation petition by the Board of County Commissioners, file with the city an application to rezone the property contemporaneously with the effective date of the annexation. In that case, the property owner by way of application or the city by motion may initiate a zoning change classification to the Planning Commission. The application will follow the normal and ordinary procedural steps established by the city’s Zoning Code. The Planning Commission, upon the request of the city by motion or upon the filing of the application by the property owner or authorized agent of the owner, is authorized prior to the acceptance of the annexation by the city but after receipt of the annexation transcript from the County Commissioners to take all procedural steps necessary, including, but not limited to, providing the appropriate notices, advertising, and holding public hearings, in order to make or be prepared to make its recommendation for the approval, denial or modification of the proposed zoning classification to City Council.
(d) City Council shall not take final legislative action on the zoning application of the property owner or on motion of the city to rezone the property prior to the effective date of the ordinance approving the annexation.
(Ord. 2005-133, passed 11-14-2005)